If my business isn't based in New York, California, or Florida, am I still at risk of an ADA website lawsuit?

Yes. If you sell or ship to customers in those states, you can be sued in their courts regardless of where your business is headquartered. Jurisdiction is fact-specific, but assuming you're insulated because you're based elsewhere is a mistake.

Does an accessibility widget or overlay prevent ADA lawsuits?

No. According to UsableNet's 2023 report, roughly 700 lawsuits were filed against websites with a widget installed at the time of filing. Widgets do not insulate a site from claims, and some complaints have alleged that widgets made screen reader experiences worse.

We settled an ADA lawsuit last year. Can we be sued again?

Yes. Settlement agreements do not block future lawsuits from other plaintiffs. Approximately 25% of 2023 ADA digital accessibility lawsuits were filed against defendants who had already been sued. Every individual who encounters a barrier has the right to bring a separate claim.

Does a site under maintenance banner help protect against an ADA lawsuit?

No. A notice that remediation is in progress is equivalent to posting a ramp coming soon sign on a physical store with steps — the person still cannot access the site. The ADA requires an alternative, equally effective means of communication while remediation is in progress.

Does having a customer service phone line or chat satisfy ADA obligations for an inaccessible website?

It can help, but only if the alternative channel is as timely and effective as the website itself. Long hold times, untrained agents, or unmonitored inboxes undermine the defense. Effective communication — not a perfectly accessible website — is the underlying obligation under ADA Title III.

Are web development agencies legally responsible for website accessibility?

Not under current law. A 2023–2024 California bill proposed extending accessibility liability to website developers, but the bill was put on ice. Similar proposals are expected to return. Procurement contracts remain the most reliable way to push accountability down the vendor chain.

What happens to most ADA website lawsuits?

The vast majority settle quickly. Damages, where recoverable, are typically minimal; attorneys' fees drive most of the total cost. Litigating a case to judgment is expensive for both sides, which is why fast resolution is the norm.

Webinar Registration Page | Web Accessibility, SEO, and AI Search

Web Accessibility, SEO and AI Search: Building Clearer Website Content

Date and Time: November 18 at 12 pm ET

Duration: 60 minutes

Help search engines and AI tools understand your website, and help customers of all abilities find what they need.

Join OuterBox, a performance marketing agency, and UsableNet, a leader in digital accessibility, for practical advice on everyday content and design decisions. Learn how to support SEO and AI visibility while making your website easier for people with disabilities to use.

Build accessibility, SEO, and AI visibility into your website content

Your website needs to be discoverable through search engines and AI tools, and easy for customers to use once they arrive.

What you'll learn:

Make your content easier to find and navigate: Use headings and page structure that help search engines understand your content and customers find answers.

Help customers take the next step: Create clear buttons and links so visitors know where to go and what to do.

Make content accessible across formats and devices: Apply best practices for images, video, color contrast, text resizing, and mobile use.

Apply what you learn: Get practical tips for reviewing existing pages and building these practices into new content.

Your Panelists

Jeff Adams, CPACC

Vice President, Accessibility Operations at UsableNet

Jeff advises companies worldwide on best practices in website accessibility and integrating accessibility into their processes. He has been with UsableNet for 15 years and not only consults with UsableNet clients but also leads the development of the company’s educational programs. Jeff holds the International Association of Accessibility Professionals’ (IAAP) Certified Professional in Accessibility Core Competencies (CPACC) credential. He also participates in several W3C groups, including the Accessible Platform Architectures (APA) Working Group, APA’s Maturity Model Task Force, and the Web & AI Interest Group.

In addition, Jeff is a creative entrepreneur and co-wrote the book Content for Everyone: A Practical Guide for Creative Entrepreneurs to Produce Accessible and Usable Web Content.

Colin Gacek

Lead SEO Strategist at OuterBox

With nine years of SEO experience, Colin Gacek has developed and deployed on-page and off-page SEO strategies.

As Lead SEO Strategist at OuterBox, he leads a team of strategists serving a large, diverse client base. His goal is to turn search data into decisions that improve visibility and rankings, and ultimately increase conversions and revenue.

Web Accessibility, SEO and AI Search: Building Clearer Website Content

Save your seat!

Build accessibility, SEO, and AI visibility into your website content

What you'll learn:

Your Panelists

Jeff Adams, CPACC

Colin Gacek